4.40
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SPECIAL PROCUREMENT POLICIES
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4.40.05 |
The following sections provide detailed information on Special Procurement Policies.
The Main
Campus Bookstore is authorized to purchase all merchandise for
resale on Bookstore Purchase Orders. The vouchers are processed,
paid, and recorded through the Business Office. Branch Campus Bookstores
are required to process all resale purchases through FP.
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| 4.40.10 |
A brand-name specification may be used only when the Central
Purchasing Office makes a determination that only the identified
brand-name item or items will satisfy the needs of the department
requesting the purchase.
Unless the CPO makes a determination that the essential characteristics
of the brand names included in the specifications are commonly known
in the industry or trade, brand-name or equal specifications shall
include a description of the particular design, function or performance
characteristics which are required.
The CPO shall seek to identify sources from which the designated
brand-name items can be obtained and shall solicit competitive prices.
If only one source can supply the requirement, the procurement shall
be made under Sole Source Procurement (See the BPM, Chapter 4, subsection
4.40.75).
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4.40.15
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Contractual Agreements
All licensing, rental, maintenance, and lease agreements requiring
NMSU approval are not legally binding until signed by an authorized
representative of CPO. The CPO will forward agreements over $5,000 to
NMSU's attorney for additional review.
Lease Agreement
The acquisition of property by means of a contract in which
the leasing agent (Supplier) conveys to the lessee (NMSU) the use
of the property for a specified term. At the end of the lease term,
the equipment is either returned to the leasing agent or NMSU may
have the option to purchase the equipment. Lease Purchase Agreements
cannot be initiated using State-appropriated funds. Leases are non-taxable
transactions.
Multi-term Contracts
A Multi-term Contract for items of tangible personal property
or services may be executed for any period of time deemed to be
in the best interests of NMSU, not to exceed four years (in some
cases eight years), provided that the term of the contract and conditions
of renewal or extension, if any, are included in the specifications;
that funds are available for the first fiscal period at the time
of contracting; and that the lease is in accordance with New Mexico
regulations. Payment and performance obligations for succeeding
fiscal periods shall be subject to the availability and appropriation
of funds.
Rental Agreement
A Rental Agreement is a Term Agreement involving payment for use of goods. At the end of the Rental Agreement, the goods are returned to the supplier. Rentals are taxable transactions.
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4.40.20
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Emergency Purchases
An emergency condition is a situation that creates a threat to
public health, welfare, safety, or property such as may arise by
reason of floods, epidemics, riots, equipment failures or similar
events. The existence of the emergency condition creates an immediate
and serious need for services or construction that cannot be met
through normal procurement methods.
The CPO may either initiate or authorize others to make emergency
procurements, provided that such emergency procurements shall be
made with such competition as is practicable under the circumstances.
A written determination of the basis for the emergency procurement
and for the selection of the particular contractor shall be included
in the procurement file. Emergency procurements shall not include
the purchase or lease-purchase of heavy road equipment.
In the event of an emergency, as defined above, the CPO may purchase
without bids. During regular working hours, the CPO should be immediately
informed of Emergency Purchases greater than $2,500.
When circumstances beyond the department's control prevent following
established procedures or when delay would be detrimental or prove
costly to NMSU, an Emergency Purchase may be made with the approval
of the Director of Purchasing.
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4.40.25
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Honorariums
An Honorarium is a payment made to a Non-Employee for which fees
are not legally or traditionally required. To be classified as an
honorarium, no service should have been provided by the individual.
If actual services are being provided, the payment should be classified
as a service.
The payee signature on the Direct
Pay Request form or an invoice with original signature is sufficient
documentation to process the payment.
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4.40.30
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Library Purchases
Departmental orders for books, periodicals, microfilm, etc, should
be processed as Purchase Orders (PO). The NMSU Library is
exempt when purchasing these items for library use.
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4.40.35
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A Maintenance/Service Agreement is a contract between NMSU and
a supplier, authorizing the supplier to perform routine maintenance
and service on equipment owned or leased by a department. All service
contracts must be signed by the CPO. A copy of the contract will be
forwarded by the CPO to NMSU's attorney for review, if applicable.
When renewing a Maintenance/Service Agreement less than $2,500, it is the department's
responsibility to obtain pricing from the vendor and to initiate
the renewing DPR. If the pricing is based on a State Pricing Agreement
or a GSA Contract, a copy of the cover sheet showing the DPR contract
number, expiration date and a copy of the page showing the price
should be forwarded to the CPO for processing.
The make, model, serial number, and NMSU tag numbers must be included
on all Maintenance and Service Agreements.
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4.40.40
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Newspaper legal, display, and position advertisements must be processed
on a Purchase Order (PO) at least five days in advance
of the date of publication. Allow longer lead time for advertisements
in out-of-town newspapers or magazines.
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4.40.45
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Non-Employee Travel Authorization forms are not required to be
submitted to the Travel
Office for expenses that will be charged directly to NMSU. Instead,
any expenses incurred by a Non-Employee to be charged directly to
NMSU should be entered as a Purchase Order in the Finance Purchasing System (FP) (See
the BPM, Chapter 5A-Accounts Payable).
NOTE: Refer to the BPM, Chapter 5A-Accounts Payable for processing
a Direct Pay
Request document.
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4.40.50
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A Prepayment is a request for payment before goods/services have
been received. A prepayment is an exception to NMSU policy that
requires that all goods and services must be received before payment
can be approved. Prepayment should only be made when a vendor requires
it for certain commodities (i.e. software, books, large equipment),
or when prepayment is the normal form of payment (i.e. memberships,
subscriptions). All prepayments greater than $100, with the exception
of subscriptions and membership dues, require the approval of the
Director of Purchasing.
The Board of Regents reserves the right to make prepayments given appropriate
justification and administrative approval in accordance with general
business practices.
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4.40.55
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Pricing Agreements
The CPO has Pricing
Agreements for many standard equipment systems and services
that are repetitively requisitioned and have been competitively
bid. Use of these agreements waives competitive requirements,
in most cases. Contact the CPO for further information.
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4.40.60
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Procurement Card
Procurement of goods may be transacted via a Procurement Card
by individuals and departments who have been issued one.
Procurement using the approved NMSU Procurement Card will follow
policies and procedures as established and maintained by the CPO and
approved by the Vice President for Business and Finance. Details
of these policies and procedures are available upon request from
the CPO.
To initiate a request for a Procurement Card, complete a Procurement
Card Request form and Agreement, and obtain Department Head,
Dean/Director and Financial Operations approval. Then submit the request to Accounts Payable.
Procurement Card purchases are subject to all NMSU policies and
procedures related to Disbursements that are documented in this
manual.
NOTE: Refer to the BPM, Chapter 4, subsection
4.00.45 for a listing of Unallowable and Restricted Purchases.
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4.40.65
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Procurement of Used Items
When procuring used items with an estimated cost of five thousand
dollars ($5,000) or more, the procurement shall be treated as
if procuring new items.
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4.40.70
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Reimbursable Purchases
In the following circumstances an employee may purchase goods
and/or services in excess of $50 and process a Request for Rreimbursement
on a Reimbursement Voucher after the fact.
An Emergency Purchase, which is defined as any purchase
required to:
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Prevent economic detriment or loss of property
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Ensure continued operations
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Ensure the health and safety of employees or
guests.
An Emergency Purchase includes purchases that must be made
during hours other than normal working hours. The option of providing the vendor with a Purchase Order (PO) "after-the-fact" (the next business day),
if the vendor is willing, should be taken over an individual employee purchase
and subsequent reimbursement.
If such a purchase must be made, a memo approved through the
Dean or Director's office must be submitted with the Reimbursement
Voucher, explaining the emergency. Contact the CPO for assistance
in interpreting Emergency Purchase Guidelines (See the BPM, Chapter 4, subsection 4.40.20).
Purchases for which credit will not be extended (Vendor will
not accept a PO or NMSU credit card), require prior approval of
the CPO.
Purchases of items offered at a conference/seminar or other similar
purchases while on travel may not exceed $100. If a purchase over
this amount is required, it must fall under the definition of
an Emergency Purchase as defined above.
Requests for reimbursement must be accompanied by receipts that
indicate the bill has been paid (i.e. marked "PAID"
or balance due equals $0.00). All receipts must be identifiable
as to payee, and nature and amount of expenditure. Any information
not given by the receipt must be added by the department; all
such additions must be attested to by the employee's signature
on the receipt.
NOTE: Do not pay tax on non-service items. NMSU cannot
reimburse employees for these taxes. See the BPM, Chapter 4, subsection
4.00.40 for NMSU's Tax Exemption Number or contact the CPO for
these nontaxable purchases and for special rules involving construction
contracts.
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4.40.75
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Sole Source Procurement
A contract may be awarded without competitive sealed bids or
competitive sealed proposals regardless of the estimated cost
when the CPO makes a determination, after evaluating the sole
source justification submitted by the department, and after conducting
a good-faith review of available sources and consulting the using
agency, that there is only one source for the required service,
construction, or item of tangible personal property. The CPO shall
conduct negotiations, as appropriate, as to price, delivery and
quantity in order to obtain the price most advantageous to NMSU.
A price or cost analysis will be made on all procurements of $2,500
or more.
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4.40.80
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Trade or Exchange
Departments are not authorized to sell, trade, or delete any
item of any value at any time. This function shall be handled
by the CPO only. When a purchase involves a trade or exchange
as partial payment, a description of the property and the NMSU
tag number is required on the Purchase Requisition.
When appropriate, the CPO will inform prospective bidders of the
location where the used property can be examined. The sale price
of the new article and the trade-in allowance for the used item
must be stated separately. The difference between the sale price
of the new article and the trade-in allowance shall be deemed
the bid of the seller.
When trading or exchanging used items with estimated values exceeding
$10,000 as partial payment on new item(s), a written independent
appraisal of the item(s) to be traded or exchanged is required.
Equipment cannot be deleted from the NMSU property inventory
without prior approval of the Board of Regents and State Board
of Finance. Equipment deletions will be reported to Risk Management
and the State Auditor.
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4.40.85
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Unauthorized Purchases
Purchases not properly authorized in advance by the CPO will
require a written statement of justification to the CPO by the
person originating such a purchase and approved by Dean or Department
Head.
Such purchases will be considered on a case-by-case basis; however
NMSU's position is that such a purchase is the PERSONAL obligation
of the person originating such a purchase.
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4.45
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VEHICLES
NMSU solicits bids on vehicles as determined by the CPO based
on market availability.
In addition to the approvals included in Banner Finance, all vehicle requisitions shall have the approval of their Director, Dean or Vice President prior to the solicitation of any bids or issuance of any purchase orders for the acquisition. Such approval shall be provided via a memorandum from the appropriate Department Head through the Director, Dean or Vice President to the Department of Procurement Services and Risk Management. The memorandum shall include justification for the purchase, description of intended use, employee vehicle assignment, if any, and acknowledgment of the responsibility of the recipient employee to comply with University reporting requirements for any personal use as provided in Chapter 7 of the BPM.
Note: Refer to the BPM, Chapter 7, for Employment Tax Issues
for Personal Use of University Vehicles.
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4.45.05
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Vehicle Accidents
Immediate notice of accidents is required by New Mexico Statutes,
Section 66-7-206. The driver of a vehicle involved in an accident
resulting in injury to or death of any person, and/or property
damage to an apparent extent $100 or more, shall give notice of
such accident to police authorities.
If the accident occurs on the main campus, notify the NMSU Police.
If the accident occurs within a municipality, notify the local
police; otherwise, notify the County Sheriff or the nearest office
of the New Mexico State Police. The individual involved in the
accident must report it immediately to the department head and
the CPO.
Vehicle Accident Procedures:
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Obtain police report or other law enforcement
agency report.
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Send memorandum stating the details of the accident
to the CPO, who will submit reports to Risk Management and the
insurance carrier who will issue instructions regarding the
claim.
If the University is at fault, the responsible department is
charged the $1,000 deductible. If the other driver is at fault,
the CPO will file a claim against the other driver or drivers
insurance company.
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4.45.10
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Vehicle Color
All NMSU vehicles will be white. Exceptions may be made with
the approval of the Vice President for Human and Physical Resources.
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4.45.15
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Vehicle Insurance - University
Owned
While
operating within the United States, NMSU's fleet of rented, leased, and owned vehicles is covered for both auto liability and
auto physical damage through the State of New Mexico Risk Management Division. In order to drive any vehicle from NMSU's
fleet, an employee must be in compliance with state motor vehicle
laws. This includes being in possession of both a current State
of New Mexico license and an NMSU license issued through Environmental
Health and Safety.
The State covers all University-owned, rented, or leased vehicles
for physical damage with a $1,000 deductible for comprehensive
and collision per occurrence.
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4.45.20
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Vehicle Insurance - Rental Cars
The following guidelines are intended to address the most commonly
encountered agreement options and how they should be handled by
employees. Questions regarding other options should be forwarded
to the CPO.
Employees should waive coverage for the following non-reimbursable
standard options:
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Personal Accident Insurance - Employees
are covered by Workers' Compensation
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Personal Effects Protection - NMSU property
is covered when traveling. An employee's personal effects ($500
maximum) are covered by NMSU only if there is a loss greater
than $1,000 of NMSU property
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Additional Liability Insurance - Any
additional coverage above what is provided is covered by NMSU
General Liability Insurance
Loss Damage Waiver
When renting or leasing a vehicle for official purposes within
the continental United States, University employees should not
purchase the loss damage waiver.
The Risk Management Division in Santa Fe provides physical damage
on vehicles rented, leased, or loaned. This coverage comes with
a $1,000 deductible. If renting a vehicle through Avis or the
NMSU-sponsored Diners Club Card, further coverage is available
based on our respective corporate agreements. NMSU's corporate
agreement number with Avis is A832900.
Employees should note that this coverage extends only to those
vehicles rented or leased within the continental United States.
If renting or leasing a vehicle outside of the United States, it
is recommended that coverage be obtained through the renting or
leasing company.
Collision
NMSU is insured through the State Risk Management Division. There
is a deductible of $1,000 per occurrence.
Bodily Injury and Property Damage
The limits are as follows (Effective 7/1/92):
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Bodily Injury - $400,000 each accident, $750,000
aggregate
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Property Damage - $100,000
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4.45.25
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Vehicle Logos and Identification
With the exception of a few vehicles approved by the administration,
all vehicles must display the appropriate New Mexico State University
logo. NMSU has a standard identification decal supplied by the
Office of Facilities and Services and should be displayed on all
University vehicles.
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4.45.30
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Mexico Insurance
When anticipating a trip into Mexico, allow two to three days
to secure the documentation for the trip. This would include vehicle
identification and documentation, NMSU authorization to enter
Mexico and return with the vehicle, estimated time of departure
and return through the ports of entry, and an insurance policy.
Please contact the CPO for further information.
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